United nations expert mechanism on the rights of indigenous. The aboriginal land rights northern territory act 1976 provides the basis upon which aboriginal people in the northern territory can claim rights to land based on traditional occupation. Under the act, more than 50% of the northern territory was returned to traditional aboriginal owners in the following 30 years the nt land rights act gives aboriginal people a strong say over what should happen on their land. The amendment may have unintended consequences and is therefore.
Aboriginal land rights northern territory act 1976 cth transcript. Apr 04, 2019 this is a compilation of the aboriginal land rights northern territory act 1976 that shows the text of the law as amended and in force on 4 april 2019 the compilation date. Maboaboriginal land rights act northern territory1976. Aboriginal land rights northern territory act 1976 ilo. Land in the state of new south wales was traditionally owned and occupied by aborigines. This act may be cited as the aboriginal land rights northern territory act 1976. Aboriginal land rights northern territory act 1976. The aboriginal land rights northern territory act 1976 provides the basis upon which aboriginal people in the northern territory can claim rights to land.
Aboriginal land rights act national museum of australia. The landmark indigenous land rights legislation in australia, the aboriginal land rights northern territory act 1976 cth applies to the northern territory, but is listed in the commonwealth jurisdiction above because it is a federal act. The majority of these amendments commence on 1 july, 2015. Aboriginallandnativetitleandheritage ntlawhbk austlii. Aboriginal land rights northern territory act 1976 cth significance.
Aboriginal land rights northern territory act 1976 the. Aboriginal and torres strait islander peoples in australia and indigenous. Implications of land rights reform for indigenous health. This section provided that the control of waters act of the northern territory was an act capable of operating concurrently with the aboriginal land rights northern territory act 1976. This act recognises our rights to land and sets up processes to win back our land through land councils, and manage its resources. About this compilation this compilation this is a compilation of the aboriginal land rights northern territory act 1976 that shows the text of the law as amended and in force on 4 april 2019. Aboriginal sovereignty and land rights in australia. Aboriginal land rights act 1983 no 42 contents page historical version for 1. Both pieces of legislation were debated by the legislative assembly in the. On the 8th of june 2018 the northern territory government and the nts four land councils have signed an. This is a compilation of the aboriginal land rights northern territory act 1976 as amended and in force on 29 june 20. This act may be cited as the aboriginal land rights northern territory. Land rights act metropolitan local aboriginal land council.
The aboriginal land rights act nt can be updated or changed by the australian government and it. The aboriginal land rights act 1976 created the position of the aboriginal land commissioner who was empowered to investigate and report on aboriginal claims to unalienated crown land in the northern territory, and to recommend the granting of legal title to aboriginal land trusts for the benefit of traditional owners. Aboriginal land rights act 1983 no 42 new south wales status information currency of version current version for 1 december 2018 to date accessed 29 june 2019 at 01. The notes at the end of this compilation the endnotes include information about amending laws and the amendment history of provisions of the compiled law. Comparison of land rights and native title land rights native title history woodward commission 1974 whitlamfraser 1976 gove land rights case 1972 mabo high court 1992 law aboriginal land rights northern territory act 1976 cth native title act 1993 cth how fight land claim land commissioner native title claim federal court. About 50% of the northern territory land and 85% of its coastline are owned communally by aboriginal peoples. The aboriginal land rights northern territory act 1976 was the first attempt by an australian government to legally recognise the aboriginal system. Aboriginal land rights northern territory act 1976 cth significance this document, signed by the governorgeneral on 16 december 1976, established the basis upon which aboriginal people in the northern territory could, for the first time, claim rights to land based on traditional occupation. Northern territory nt land rights act 1976 creative. Aboriginal land rights claims and demands for indigenous selfdetermination. In addition, a new aboriginal land rights regulation 2002 has been drafted, which will repeal and remake the existing aboriginal land rights regulation 1996. Aboriginal land rights northern territory bill 1976 the defence force ombudsman, mr david hay, has been asked to analyse the written representations received by the government on the aboriginal land rights northern territory bill 1976, which was presented to the parliament on 4 june 1976. As such, aboriginal rights are separate from rights afforded to nonaboriginal canadian citizens under canadian common law.
In november 2014 the aboriginal land rights amendment bill 2014 passed the nsw parliament. Just over ten years ago on 12 june 1991 the royal assent was given to the aboriginal land act 1991 and the torres strait islander land act 1991 of queensland. Aboriginal land rights act northern territory1976, australian court case, high court judgement, high court of australia, mabo judgement, mason v tritton, 1994, native title, native title act 1993, northern territory, r v murrell 1836, supreme court of nsw, supreme court of the northern territory, terra nullius, united states of america, walker v nsw 1994, yanner. Aboriginal rights commonwealth government records about. This act is the aboriginal land rights amendment act 2006. Aside from the changes to the appointment of advisors, investigators and administrators see page 12, these changes came into force on 1 july 2015. The aboriginal land rights act central land council.
An act providing for the granting of traditional aboriginal land in the northern territory for the benefit of aboriginals, and for other purposes. Aboriginal land rights northern territory amendment bill. The aboriginal land rights act northern territory nitv. The notes at the end of this compilation the endnotes include information about amending laws and the amendment history of provisions of the compiled. These rights must be exercised for the benefit of traditional owners concerned and in accordance with the directions of the land council for the area in which the land is situated. The aboriginal land rights act 1983 alra allows the nsw government and local aboriginal land councils lalcs to enter into voluntary and legally binding agreements to resolve land claims, reducing the need for costly and lengthy land claim determinations. Aboriginal land rights northern territory act 1976 vii 28d land council cannot perform functions or exercise powers delegated to aboriginal and torres strait islander. The nt land rights actland rights bill was introduced on 16 october 1975 and became law in 1976. Aboriginal land rights northern territory act 1976 borroloola land claim report to the minister for aboriginal affairs and to the minister for the northern territory this is the first report on an application made to the aboriginal land commissioner under the aboriginal land rights northern territory act 1976. The land rights act is a fundamental piece of social reform. In december 1976 the aboriginal land rights northern territory act was passed with historic bipartisan support.
This booklet outlines the changes that have been made to the aboriginal land rights act 1983 the alra by the aboriginal land rights amendment act 2014. For press august 24, 1976 aboriginal land rights northern territory bill 1976 the defence force ombudsman, mr david hay, has been asked to analyse the written representations received by the government on the aboriginal land rights northern territory bill 1976, which was presented to the parliament on 4 june 1976. The aboriginal land rights northern territory act 1976 was the first attempt by an australian government to legally recognise the aboriginal system of land ownership and put into law the concept. The aboriginal land rights northern territory act 1976 alra was the first attempt by an australian government to legally recognise the aboriginal system of land ownership. Labor gov mment subsequendy weakened the 1976 legislation considerably by amending it in favour. Indigenous protected areas ipas combine traditional and contemporary knowledge into a. About this compilation this compilation this is a compilation of the aboriginal land rights northern territory act 1976 that shows the text of the law as amended and in force on 4 april 2019 the compilation date. Importantly, the act is the first attempt by an australian government to legally recognise the aboriginal system of land ownership and put into law the concept of inalienable freehold title. Aboriginal land rightsnorthern territory act 1976 land. The nt land rights act gives aboriginal people a strong say over what should happen on their land, through the.
Aboriginal land rights northern territory act 1976 no. The government of malcolm fraser supported the issue and in may 1976 ian viner, minister for aboriginal affairs, sent a submission to cabinet recommending the implementation of land rights legislation. Northern territory nt land rights act 1976 creative spirits. Other legislation indigenous regional councils amendment act 2007 qld, which merged. The aboriginal land rights act the aboriginal land rights northern territory act 1976 alra was the first attempt by an australian government to legally recognise the aboriginal system of land ownership. It includes any amendment affecting the compiled act to that date. The invisibility of traditional land titles was confirmed by the northern territory supreme court in the 1971 case of milirrpum v nabalco pty ltd,11. Nov 21, 2016 land trusts established under the alr act hold land title in the northern territory and as such, have all the rights of the owner of the land. Aboriginal land rights northern territory act 1976 and, both as director of. The aboriginal land rights amendment act 2001 was passed by the nsw parliament in 2001 and will come into affect by the end of august 2002.
The act was strongly based on the recommendations of justice woodward, who chaired the aboriginal land rights commission also known as the woodward royal commission. Section 34 of the aboriginal land rights northern territory amendment act 1987 is repealed. Legal right to carry out projects on aboriginal land in. The aboriginal land rights northern territory act 1976 was the first attempt by an australian government to legally recognise the aboriginal system of land ownership and put into law the concept of inalienable freehold title. In 1967 the general electorate overwhelmingly supported a constitutional amendment to increase commonwealth powers in aboriginal matters. Aboriginal association representing the community pastoral land act 1992 to provide land title for. On 19 august 1977 the central land council lodged an application under the aboriginal land rights northern territory act 1976 on behalf of a number of aboriginals claiming to have a traditional land claim to an area of unalienated crown land east of the stuart highway and roughly halfway between alice springs and tennant creek. The act is significant in that it was the first of the aboriginal land rights acts, allowing for a claim of title if claimants can provide evidence of their traditional association with land.
Northern territory in 1973 which led to the aboriginal land rights northern territory act 1976. Aboriginal rights have not been granted from external sources but are a result of aboriginal peoples own occupation of their home territories as well as their ongoing social structures and political and legal systems. Aboriginal rights commonwealth government records about the. It was the first legislation that allowed for aboriginal people to claim land title if traditional association could be proven. Aboriginal land rights act northern territory1976, australian court case, high court judgement, high court of australia, mabo judgement, mason v tritton, 1994, native title, native title act 1993, northern territory, r v murrell 1836, supreme court of nsw, supreme court of the northern territory, terra nullius, united states of america, walker v nsw 1994, yanner murrandoo, yolgnu. Sep 22, 2016 aboriginal land rights northern territory act 1976. Broadly, under the legislation the federal government acquires rights, titles and interests in the northern territory in aboriginal land,2 community living areas,3.
The purpose of this advice is to clarify what evidence the clean energy regulator will accept as establishing an applicants legal right to undertake a proposed emissions reduction fund emissions avoidance project in the northern territory on land subject to the aboriginal land rights northern territory act 1976 the alr act. Under the act, more than 50% of the northern territory was returned to traditional aboriginal owners in the following 30 years. Sep 07, 2008 the aboriginal land rights amendment act 2001 was passed by the nsw parliament in 2001 and will come into affect by the end of august 2002. The metropolitan local aboriginal land council was established following the introduction of the new south wales aboriginal land rights act in 1983. As distinct from other common law jurisdictions, australia was settled on the basis of terra nullius, with the result that traditional land titles were denied legal recognition. The alra resulted from australias first native title case, the 1971 gove land rights case, which challenged a bauxite mine and refinery in northeast arnhem land milirrpum v nabalco pty ltd 197273 alr 65. This is a compilation of the aboriginal land rights northern territory act 1976 that shows the text of the law as amended and in force on 4 april 2019 the compilation date. Nsw legislation aboriginal land rights act 1983 no 42.
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